Help needed - buffet food costings

daytona0

tonymaull wrote: »

Thanks again everyone for your comments.

I think the fact they couldnt provide us any information on portion size means their 'contract' with us would be difficult to enforce should they wish to take it further.

Umm:

"We had a buffet as part of a function last year. Prior to the meeting we were given a menu, with prices per 'portion'. We worked with the venue organiser to create suggested numbers of portions for the people attending. We agreed an amount and paid in advance"

You have agreed to contract with them and you didn't have the foresight to query the menu portion sizes beforehand. It is your fault and the contract is enforceable. YOU AGREED TO CONTRACT WITH THEM!

They offered a 30-40% discount I think, but the invoice is very confusing as we have no way of knowing exactly how much they provided after the first lot ran out.

I'm not 100% sure whether this buffet comprised of £3 a head but a 30% discount would knock it down to £2.10 and 40% to £1.80 a head.

Just to put it into perspective but it costs £2.80 for 6 chicken nuggets at McDonalds

Going forward I will suggest we offer them 50% of the outstanding invoice as a gesture of goodwill to clear the balance (and to get them off our back).

You are entitled to make such an offer.

If they do not accept this then I will look into contract law further regarding the legality of a contract where there is lacking information on the goods provided.

The 'contract law' regarding this would be:

- You haven't paid your bill so you are served some kind of letter before action

- If you refuse to act on that too then you get taken to court and a judgement is made against you


Nobody is disputing the quality of the food (aside from the McNuggets point) but it doesn't mean that you can weasel your way out of a bill (I love how you are going to offer 50% and ONLY THEN will you consider whether the contract is valid or not! Shouldn't you do it the other way round? )

tonymaull

We didnt actually have any contract for the additional food that the venue put on. I never formally agreed to amount, portion sizes, cost, quantity in writing or verbally.
The offer would be a gesture of goodwill towards them arranging additional food, not a payment for that food.

bod1467

So to be clear - you'd already paid for the original food, and it is the bill for the additional food that you're disputing?

unholyangel

daytona0 wrote: »

You have agreed to contract with them and you didn't have the foresight to query the menu portion sizes beforehand. It is your fault and the contract is enforceable. YOU AGREED TO CONTRACT WITH THEM!

If the contract says nothing on what a portion is then it would fall down on whether whats provided would be satisfactory to the average person.

Remember, in b2b contracts it would be up to them to ask as the test is usability, but in consumer contracts the test is acceptability.

And then of course there is unfair trading practices - where a misleading action or omission (such as not being told what volume would be supplied....or the price) could cause the average consumer to take a different decision (such as to not enter into the contract or to enter into it on different terms) then its considered an unfair trading practice.


As for the additional food, if price cannot be calculated in advance then the way it is calculated must be given. You cannot set or vary a price after the consumer has become bound - this comes under unfair contract terms.

tonymaull

bod1467 wrote: »

So to be clear - you'd already paid for the original food, and it is the bill for the additional food that you're disputing?

Yes exactly. We paid in advance for the original amount. The extra was provided by the venue when they identified it had ran out.

Mojisola

tonymaull wrote: »

We didnt know. We did ask about portion size but the organiser couldnt provide us an answer.

I would have looked for another caterer at that stage.

When I organised Dad's wake, I was provided with an exact list of what would be provided and photos of plates showing what was provided for each person.

tonymaull

Hi everyone. Update. I went back to them with my issues and concerns over the situation, and they have agreed not to presue the invoice any further.

Thanks for all your comments.